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§ 66262.35 BAKCLAYS CALIFORNIA CODE OF REGULi BONS
<br />(2) the date the applicable accumulation period specified in subsection
<br />(a) or (d) of this section begins, for purposes of subsections (a) and (b)
<br />of this section, shall be clearly marked and visible for inspection on each
<br />container and tank; and
<br />(3) each container and tank used for onsite accumulation of hazardous
<br />waste shall be labeled or marked clearly with the words, "Hazardous
<br />Waste." Additionally, all containers and portable tanks shall be labeled
<br />with the following information:
<br />(A) composition and physical state of the wastes;
<br />(B) statement or statements which call attention to the particular haz-
<br />ardous properties of the waste (e.g., flammable, reactive, etc.);
<br />(C) name and address of the person producing the waste.
<br />NOTE: Authority cited: Sections 25150, 25159, 25159.5, 25179.6 and 58012,
<br />Health and Safety Code. Reference: Sections 25123.3, 25150, 25159, 25159.5,
<br />and 58012, Health and Safety Code; and 40 CFR Section 262.34.
<br />HISTORY
<br />1. New section filed 5-24-91; effective 7-1-91 (Register 91, No. 22).
<br />2. Designation and amendment of subsection (a)(1)(A), new subsections
<br />(a)(1)(B)-(C) and amendment of NoTE filed 7-29-94; operative 8-29-94 (Reg-
<br />ister 94, No. 30).
<br />3. Amendment of subsection (a)(1)(B)2, new subsections (a)(1)(C)-(C)ii, subsec-
<br />tion redesignation and amendment of NOTE filed 10-24-94 as an emergency;
<br />operative 10-24-94 (Register 94, No. 43). A Certificate of Compliance must be
<br />transmitted to OAL by 2-20-95 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />4. Amendment of subsections (a)(1)(B)2., new subsections (a)(1)(C)-(C)ii, sub-
<br />section redesignation and amendment of NOTE refiled 2-21-95 as an emergen-
<br />cy; operative 2-21-95 (Register 95, No. 8). A Certificate of Compliance must
<br />be transmitted to OAL by 6-21-95 or emergency language will be repealed by
<br />operation of law on the following day.
<br />5. Editorial correction adding HtsToRY 4 (Register 95, No. 10).
<br />6. Amendment of subsection (a)(1)(B)2., new subsections (a)(l)(Q-(C)(ii), sub-
<br />section relettering and amendment of NOTE refiled 6-19-95 as an emergency;
<br />operative 6-19-95 (Register 95, No. 25). A Certificate of Compliance must be
<br />transmitted to OAL by 10-17-95 or emergency language will be repealed by
<br />operation of law on the following day.
<br />7. Amendment of subsection (a)(1)(B)2., new subsections (a)(1)(C)-(C)(ii), sub-
<br />section relettering and amendment of NOTE refiled 10-16-95 as an emergency;
<br />operative 10-16-95 (Register 95, No. 42). A Certificate of Compliance must be
<br />transmitted to OAL by 2-13-96 or emergency language will be repealed by op-
<br />eration of law on the following day.
<br />8. Change without regulatory effect amending subsection (a)(1)(B) filed
<br />12-28-95 pursuant to section 100, title 1, California Code of Regulations (Reg-
<br />ister 95, No. 52).
<br />9. Certificate of Compliance as to 10-24-94 order including amendment of sub-
<br />section (a)(1)(C) and new designation of subsections (a)(1)(C)(i)-(ii) to (a)(1)
<br />(C) L-2., transmitted to OAL 12-15-95 and filed 1-31-96 (Register 96, No. 5).
<br />10. Change without regulatory effect amending subsections (a) and (c), repealing
<br />subsections (d) -(d)(2) and adding new sections (d) -(d)(3), and amending sub-
<br />sections (e)(1)(13) and (f)(2) filed 4-3-96 pursuant to section 100, title 1, Cali-
<br />fornia Code of Regulations (Register 96, No. 14).
<br />11. Change without regulatory effect amending subsection (a)(1)(C) filed 2-3-97
<br />pursuant to section 100, title 1, California Code ofRegulations (Register 97, No.
<br />6).
<br />12. Change without regulatory effect redesignating former subsections (a)(1)(1)),
<br />(a)(2) and (a)(3) as subsections (a)(2), (a)(3), and (a)(4), respectively, amending
<br />newly designated subsection (a)(4), and repealing former subsection (a)(4) filed
<br />8-15-97 pursuant to section 100, title 1, California Code of Regulations (Regis-
<br />ter 97, No. 33).
<br />13. Change without regulatory effect amending subsection (a)(4) filed 10-28-97
<br />pursuant to section 100, title 1, California Code of Regulations (Register 97, No.
<br />44).
<br />14. Amendment of subsections (a), (c) and (d) filed 10-1-98; operative 10-31-98
<br />(Register 98, No. 40).
<br />§ 66262.35. Extension(s) to Accumulation Time.
<br />(a) A generator may accumulate non-RCRA or RCRA exempt haz-
<br />ardous waste for longer than the time periods specified in Section
<br />66262.34(a) or (d) under the following conditions:
<br />(1) if hazardous wastes must remain onsite for longer than the applica-
<br />ble time specified in section 66262.34(a) or (d) due to unforeseeable,
<br />temporary, and uncontrollable circumstances, a one-time extension of
<br />up to 90 days is automatically granted if all of the following conditions
<br />are met.
<br />(A) The generator submits a letter, by certified mail with return receipt
<br />requested, to the Certified Unified Program Agency (CUPA) notifying
<br />the CUPA of the extension. If the generator is located in a jurisdiction
<br />Title 22
<br />with no CUPA, then the notification letter shall be submitted to the offi-
<br />cer or agency authorized pursuant to subdivision (f) of Health and Safety
<br />Code Section 25404.3 to implement and enforce the requirements of
<br />Health and Safety Code Section 25404(c)(1). The letter shall be received
<br />by the CUPA or authorized officer or agency prior to the generator ex-
<br />ceeding the applicable time specified in section 66262.34(a) or (d). In the
<br />letter the generator shall provide all of the following information:
<br />1. A certification signed by the generator certifying that:
<br />a. the eligibility requirements and the conditions for the extension are
<br />met; and
<br />b. hazardous waste is not accumulated in waste piles; and
<br />c. where hazardous waste is accumulated in tank systems, the genera-
<br />tor complies with Title 22, CCR, chapter 15, article 10, sections
<br />66265.190 through 66265.200, except 66265.197(c); and
<br />d. where hazardous waste is accumulated in containers, the generator
<br />complies with Title 22, CCR, chapter 15, article 9, sections 66265.170
<br />through 66265.177; and
<br />e. where hazardous waste is accumulated on drip pads, the generator
<br />complies with Title 22, CCR, chapter 15, article 17.5 sections 66265.440
<br />through 66265.445; and
<br />f. where hazardous waste is accumulated in containment buildings, the
<br />generator complies with Title 22, CCR, chapter 15, article 29, sections
<br />66265.1100 through 66265.1102; and
<br />g. hazardous waste will be managed in accordance with all require-
<br />ments of chapters 14 and 15 of this Division applicable to generators, ex-
<br />cept those specifically excluded elsewhere in this section.
<br />2. Name, mailing address, and telephone number of the generator or
<br />the facility owner or operator.
<br />3. Generator or the facility owner/operator name and address or legal
<br />description of the site location, and EPA ID number.
<br />4. A detailed explanation of why the extension is needed. This shall
<br />include at a minimum: a description of the hazardous wastestream(s) for
<br />which the extension is being requested, the maximum quantity to be
<br />stored over the applicable time limits specified in Section 66262.34(a) or
<br />(d), an explanation of how the wastestream is generated, and the start and
<br />end dates of the 90 day extension period.
<br />(B) All generators authorized by the Department with a permit, Stan-
<br />dardized Permit, or grant of Interim Status shall simultaneously submit
<br />to the Department a copy of the letter submitted to the CUPA, or, if there
<br />is no CUPA, to the agency authorized pursuant to subdivision (f) of HSC
<br />Section 25404.3. The letter shall certify that the eligibility requirements
<br />and the conditions for the extension are met and that the hazardous waste
<br />will be managed in accordance with the applicable requirements of Title
<br />22.
<br />(C) Upon request by a CUPA, or the authorized officer or agency, the
<br />generator shall provide all documents, operating logs, reports, or any oth-
<br />er information that supports the claim of necessity for the extension or
<br />relates to the management of the hazardous waste for which the extension
<br />is requested.
<br />(2) One or more 90 -day extensions) may be granted at the discretion
<br />of the CUPA, or if no CUPA then at the discretion of the authorized offi-
<br />cer or agency in that jurisdiction, on a case-by-case basis if all of the fol-
<br />lowing conditions are met:
<br />(A) The generator submits a letter, by certified mail with return receipt
<br />requested, to the CUPA, or if no CUPA then to the authorized officer or
<br />agency in that jurisdiction, requesting the extension. The letter shall be
<br />received by the CUPA or authorized officer or agency prior to the genera-
<br />tor exceeding the accumulation time specified in Section 66262.34(a) or
<br />(d). In the letter the generator shall provide the information and certifica-
<br />tion listed in (a)(1)(A).
<br />(B) The hazardous waste is not accumulated in waste piles.
<br />(C) The generator meets one of the following circumstances:
<br />1. There is a lack of offsite treatment capacity, offsite disposal capac-
<br />ity, or a treatment process for the generator's hazardous waste. The gen-
<br />erator must submit documentation to the CUPA, or if no CUPA then to
<br />Page 696 Register 98, No. 40 10-2-98
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